Somnath Sinha Ray (Principal Architect) 07 January 2010

Please Help

My name is Somnath Sinha Ray. I am an architect from Shibpur B.E.College & now a days I am doing my own consultancy with two of my partners. I got married in the year 1995. Unfortunately we not have any kid. My brother got married in the year 2005 and they had a very sweat baby girl in the year 2007. We were having a joint family system.

On 14^th Jan 2009 my brother’s wife along with the baby left us and went to her paternal house. We went to her place two / three times to convience her but couldn’t bring her back. We even tried to bring them to our new furnished flat across the road but were not successful. During last one year I personally visited her paternal house as well as baby’r Montessori school so many times and used to call her & send sms.

Recently she filed an 125 against my brother and my brother also filed a case of Restoration of conjugal married life. The hearings of both the cases are still pending.

The baby alias Rohini is the only child in our family & I cann’t survive without seeing her. Last Sunday myself with my brother went to her paternal house to see the baby. That day they first threatened me not to come to their house again and later on registered a g.d. at local police station and the police officer told me not come to their house again without court order. They have already stopped bringing the baby to school. I am now in a very helpless situation & I can’t see the baby. She is the only hope & future of our family & they are purposefully doing the “Emotional Blackmailing” to all of our family members.

Is there any rule in favour of us ? How to see the baby ? If someone can guide me.

Thanks & Regards,

Ar. Somnath Sinha Ray

M-0-9748700816

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4 Replies

kranthi kiran (Works In Judicial Department) 07 January 2010

Let your brother file a Petition before the Court (through his advocate)seeking the gurdainship of the child.

subhash kumar (advocate) 07 January 2010

dear, filed the suit for custody of the minor daugher get the rights for meeting ,

Subhash kumar, adv

Somnath Sinha Ray (Principal Architect) 07 January 2010

The visiting right of father only or the visitng right of family ?

The gurdianship ? is it a different rule ?

sept. 2008, we got admitted her to "Mongrace Montessori House" the best Montessori in Calcutta. We paid all the charges & lateron we used to pay all the tution fees etc. But later on August 2009 my brother went to school with the due cheque but the Principal & account refused to collect the cheque as per his wife's instruction and now they are asking for 125. I don't know how is it possible ?

anyway, thanks for your suggesstion.

Regards,

Somnath

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 08 January 2010

dear brother somnath, what happening with you are a very natural matter now a days. perhaps you already seen such types of happenings in newspaper also. it is not a new thingh today

visiting right of father allowed. but you claim for the whole family alongwith father., stating the family conditions. judge may consider. 125 & rcr both is perfect in this situation. before the court order you pay a good amount to her , in the name of child. This will cooldown the temperature. After all when she will claim before the court, the court will must allow it till pending of the case. After all she is maintaining the baby. You will get sympathy of the court. Now when the case is in court you must take a receipt from her only,- whatever the money given to her.

Regarding guardianship, ( it is under different rule) she will get it now, until you prove that she is unchest or where she kept her baby, the enviournment is detrimental for the child. It is difficult to get the guardianship from her at this stage. Rcr is a very strong law. But there is a problem that if she do not want to comeback, court can not compel her to do this. On the contray after the rcr period is over, both the spouses will be free to go on divorce under sec 13A of the hindu marriage act.